Courtroom Observation Paper

Powerful Essays
201220 SPRING 2012 BUSI 301-C05 LUO
Kevin Studer

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA

Hammond Division

DEBORAH WHITE, ) ) Plaintiff, ) )
v. ) Civil Action No. 82A04-8876-CV-285 )
PATRICK GIBBS; and STAND )
ALONE PROPERTIES, L.L.C., ) d/b/a O’MALLEY’S TAVERN, ) ) Defendants. )

Courtroom Observation Review of the 2008 2L Moot Court Tournament at the Liberty University School of Law

INTRODUCTION This case between the plaintiff, Deborah White (Appellee) and the defendants, Patrick Gibbs; and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern (Appenllants) was the subject of a Summary Judgment Motion filed on behalf of the Appellants in the United States District Court for the Northern District of Indiana, Hammond Division.

The lawyers in this case for the Appellant are Benjamin Walton and Jordan VanMeter.

The Lawyers for the Appellee are Jackson Welch and Amanda Babot.

The Appellant’s lawyers filed this Motion for Summary Judgment asking the Court to dismiss the lawsuit filed by the Appellee based on the fact that there is evidence which shows that the “the defendant’s had no actual knowledge of visible intoxication” by Mr. Edward Hard, Mrs. Whites former fiancée. This would be the standard required in order for the plaintiff to recover under Indiana Law (Ind. Code Ann. § 7.1-5-10-15.5). Furthermore, they stated that the act of crashing into the White’s car was not the “proximate cause” of the injuries to the plaintiff and the death of her husband but rather the result of a criminal act by Mr. Hard. The defendants believe there are no disputes of the material facts in the case and ask that the Court grant their motion

The Appellee’s lawyers in this case, believe that Mrs. White was injured and her husband, Bruno White was killed when the vehicle driven by her ex-fiancée, Edward Hard, crashed into their vehicle. They believe the



References: Fast Eddie’s v.Hall, 688 M/E/ 2d 1270. 1274 (Ind. Ct. App. 1997). Federal Rules of Civil Procedure, http://www.uscourts.gov Free Dictionary by Farflex, 2012 http://legal-dictionary.thefreedictionary.com ) Indiana Code Annotated ( § 7.1-5-10-15.5 2006, Dram Shop Act). Jackson v. Gore, Essex and Goex, Inc., 634 N.E. 2d 503 (Ind. Ct. App. 1994)

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